instructions for form (mpc 162) - surviving spouse

1 MPC 958 (4/15/16)

Instructions for Form (MPC 162) - Surviving Spouse, Children, Heirs at Law

About This Form Form Use. This form must be used to identify a Decedent’s surviving spouse, children and heirs at law. Heirs at law are persons entitled to receive the Decedent’s property under the intestacy succession laws if there is no will. For dates of death on or after March 31, 2012, the Massachusetts Uniform Probate Code, G. L. c. 190B, § 2-101, et seq., should be consulted. For deaths prior to that date, see generally, Chapter 190.

Filing Fee. There is no fee to file this form. Filing with the Court. This form must be filed with the petition to which it relates. Failure to submit this form with the petition to which it relates will result in a delay in processing your case.

Top of the Form

Original or Amended Form Put an “X” next to “Original Form” if this is the first time you are filing this form; put an “X” next to “Amended Form” if you have previously filed this form with the court and are now changing the information.

There are specific rules that govern when a pleading can be amended. In an informal proceeding, an Informal Petition (MPC 150), Surviving Spouse, Children, Heirs at Law (MPC 162) or

Devisees (MPC 163) form may only be amended by a party prior to allowance. In a formal proceeding, a Formal Petition (MPC 160), Surviving Spouse, Children, Heirs at Law (MPC 162) or Devisees (MPC 163) form may be amended by a party as a matter of course prior to an appearance being filed before 10:00 a.m. on the return day.

Thereafter, a party may amend after an appearance has been filed only by leave of court or by written consent of all parties. See generally, Rules 3 and 7 of the Supplemental Rules of the Probate and Family Court and Rule 15 of the Mass.R.Civ.P.

Docket Number If known, fill in the docket number assigned by the court or leave blank if not yet assigned.

Decedent’s Name and Date of Death Enter the name of the deceased and date of death.

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Division

Enter the name of the county Probate and Family Court where this form will be filed.

(Example: Suffolk Division, Middlesex Division, Plymouth Division, etc.)

Line 1 - Information Regarding Decedent’s Surviving Spouse

***ALL PETITIONERS MUST COMPLETE LINE 1***

Surviving Spouse, if any Put an “X” next to the appropriate box to indicate if the Decedent left a SURVIVING spouse at the time of the Decedent’s death. If a spouse survived the Decedent’s death but is no longer living at the time of this filing, you must put an “X” next to the box that indicates that the Decedent left a surviving spouse.

Name and Address Enter the name of the SURVIVING spouse and complete address. If the spouse is no longer living at the time of this filing, you may omit the address. ALERT: You must provide additional information regarding the since deceased spouse in line 8 of this form.

If any heir at law is under a legal disability (a minor, an adjudicated or an alleged incapacitated or protected

person) then you must provide additional information regarding the heir at law in line 7 of this form.

Line 2 - Information Regarding Decedent’s Children

***ALL PETITIONERS MUST COMPLETE LINE 2***

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Line 2, part a, Decedent’s Children

Put an “X” next to the appropriate box to indicate if the Decedent had children (biological or adopted), whether alive or deceased. Name and Address Enter the name of the Decedent’s children and complete address. If a child is deceased, you may omit the address. ALERT: If a child SURVIVED the Decedent’s death but is no longer living at the time of this filing, you must provide additional information regarding the since deceased child in line 8 of this form ONLY IF the child is an heir at law. See the Intestate Succession Charts on pages 11 - 12. Child of Surviving Spouse; Minor Put an “X” next to the appropriate box to indicate if the Decedent’s child is a child of the surviving spouse. If the Decedent was never married or a spouse did not survive, do not check either box. If a child is a minor, you must check the “Yes” box. ALERT: You must provide additional information regarding the minor child in line 7 of this form ONLY IF the child is

an heir at law. See the Intestate Succession Charts on pages 11 - 12. Line 2, part b, Surviving Spouse’s Children

Put an “X” next to this box if the SURVIVING spouse has surviving descendants (children, grandchildren etc.) who are NOT descendants (children, grandchildren etc.) of the Decedent and the Decedent died on or after March 31, 2012.

If any heir at law is under a legal disability (a minor, an adjudicated or an alleged incapacitated or protected person) then you must provide additional information regarding the heir at law in line 7 of this form.

Line 3 - Information Regarding Children of any Predeceased Child

***Complete Line 3 ONLY if the Decedent left children in line 2a who are also heirs at law *** See the Intestate Succession Charts on pages 11-12 for more information.

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Line 3, part a, All Children Survived

Check this box if ALL of the children listed in 2a SURVIVED the death of the Decedent. Line 3, part b, Predeceased Children Check this box ONLY if a child of the Decedent listed in 2a died BEFORE the death of the Decedent. Enter the name and date of death of the child who predeceased the Decedent. Line 3, part c, Descendants of any Predeceased Child Put an “X” next to the appropriate box to indicate if a predeceased child listed in 3b left descendants children, grandchildren, etc.)(biological or adopted) who SURVIVED the death of the Decedent. Name and Address Enter the name of the SURVIVING descendant(s) and complete address. If a descendant is no longer living at the time of this filing, you may omit the address. ALERT: You must provide additional information regarding

the since deceased descendant in line 8 of this form. Relationship to Decedent; Minor Identify the descendant’s relationship to the Decedent (grandchild, great-grandchild, etc.). If a descendant is a minor, you must check the “Yes” box. ALERT: You must provide additional information regarding the minor descendant in line 7 of this form.

If any heir at law is under a legal disability (a minor, an adjudicated or an alleged incapacitated or protected person) then you must

provide additional information regarding the heir at law in line 7 of this form.

Line 4 - Information Regarding Decedent’s Parents **Complete Line 4 ONLY if the Decedent left NO surviving descendants (children, grandchildren, etc.)**

Otherwise and go to line 7 and line 8.

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Surviving Parent(s), if any Put an “X” next to the appropriate box to indicate if the Decedent left a SURVIVING parent at the time of the Decedent’s death. If a parent survived the Decedent’s death but is no longer living at the time of this filing, you must put an “X” next to the box that indicates that the Decedent left a surviving parent. Name and Address Enter the name of the SURVIVING parent(s) and complete address. If a parent is no longer living at the time of this filing, you may omit the address. ALERT: You must provide additional

information regarding the since deceased parent in line 8 of this form.


Line 5 - Information Regarding Decedent’s Siblings and Children of any Predeceased Sibling For deaths on or after March 31, 2012: Complete line 5a and line 5b ONLY if the Decedent left NO surviving spouse, descendants (children, grandchildren, etc.) or parents.

Otherwise and go to line 7 and line 8. For deaths prior to March 31, 2012: Complete line 5a and line 5b ONLY if the Decedent left NO surviving descendants (children, grandchildren, etc.) or parents.


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Line 5, part a, Surviving Sibling(s) Put an “X” next to the appropriate box to indicate if the Decedent left a SURVIVING sibling (biological or adopted, whole or half-blood) at the time of the Decedent’s death. If a sibling survived the Decedent’s death but is no longer living at the time of this filing, you must put an “X” next to the box that indicates that the Decedent left a surviving sibling. Name and Address; Minor Enter the name of the SURVIVING sibling(s) and complete address. If a sibling is no longer living

at the time of this filing, you may omit the address. ALERT: You must provide additional information regarding the since deceased sibling in line 8 of this form. If a sibling is a minor, you must check the “Yes” box. You must provide additional information regarding the minor sibling in line 7 of this form.


Line 5, part b, Descendants of any Predeceased Sibling Put an “X” next to the box to indicate that one or more of the Decedent’s siblings died before the death of the Decedent leaving SURVIVING descendants (biological or adopted). Name and Address Enter the name and address of the surviving descendant(s). If a descendant is no longer living at the time of this filing, you may omit the address. ALERT: You must provide additional information regarding the since deceased descendant in line 8 of this form.

Relationship to Decedent; Minor Identify the descendant’s relationship to the Decedent (niece, nephew, etc.). If a descendant is a minor you must check the “Yes” box. ALERT: You must provide additional information regarding the minor descendant in line 7 of this form.


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Line 6 - Information Regarding Next of Kin *For deaths on or after March 31, 2012: Complete line 6 ONLY if the Decedent left NO surviving spouse, descendants (children, grandchildren, etc.), parents, siblings, or descendants of any predeceased sibling.


*For deaths prior to March 31, 2012: Complete line 6 ONLY if the Decedent left NO surviving descendants (children, grandchildren, etc.), parents, siblings, or descendants of any predeceased sibling.


Heirs at Law/Next of Kin

Put an “X” next to this box to indicate that the Decedent’s estate passes to the Decedent’s next of kin. Check the applicable statute in effect on the Decedent’s date of death and the Intestate Succession Charts on pages 11 - 12. Review the Massachusetts Degree of Kinship Chart (MPC 960) on page 13 carefully since the heirs at law may include persons up to 11 degrees or more of kinship. Create a family tree, if necessary.

Name and Address Enter the name and address of the surviving heir(s) at law. ALERT: If an heir at law survived the Decedent’s death but is no longer living at the time of this filing, you must provide additional information regarding the since deceased heir at law in line 8 of this form. Relationship to Decedent; Minor Identify the heir at law’s relationship to the Decedent (1st cousin, etc.). ALERT: If an heir at law is a minor, you must provide additional information regarding the minor heir at law in line 7 of this form.

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If any heir at law is under a legal disability (a minor, an adjudicated or an alleged incapacitated or protected

person) then you must provide additional information regarding the heir at law in line 7 of this form.

Unknown/Unascertainable Heirs at Law

Put an “X” next to this box if after a reasonable diligent search, the heirs at law are unknown or unascertainable.

Checking this box will prohibit you from filing an Informal Petition (MPC 150)! A Formal Petition (MPC

160) however, may be filed.

Line 7- Information Regarding Heirs at Law under a Legal Disability

***ALL PETITIONERS MUST COMPLETE LINE 7, if applicable***

Heirs at Law under a Legal Disability Enter the name of any heir at law under a legal disability and indicate their relationship to the Decedent. Check the appropriate box to identify the legal disability (a minor or an adjudicated or an alleged incapacitated or protected person). If a minor, list the age.

Represented By Check the appropriate box to indicate if an heir at law is represented by a guardian, conservator or is unrepresented. Provide the name and complete address of the

representative. Include the docket number or proof of appointment for any court appointed fiduciary.

An informal proceeding is NOT available if an heir at law is a minor or an adjudicated or an alleged incapacitated or protected person unless he or she is represented by a conservator or a guardian who is not the petitioner. A formal proceeding

however may be commenced. Any request for parental or virtual representation can ONLY be made in a formal proceeding. To do so, the petitioner must submit a motion for court approval prior to the appointment of a Guardian ad Litem. A formal proceeding is always required when an heir at law under a legal disability is unrepresented.

Line 8 - Information Regarding Heirs at Law Since Deceased

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***ALL PETITIONERS MUST COMPLETE LINE 8, if applicable.***

Heirs at Law since Deceased Enter the name of any heir at law who SURVIVED the death of the Decedent but is no longer living at the time of this filing. Indicate their relationship to the Decedent. Represented By Check the appropriate box to indicate if that estate is represented by a court appointed Personal Representative. Enter the name and complete address of the Personal

Representative. Include the docket number or

proof of appointment. If an heir at law is since deceased (i.e. died after the death of the decedent), a Personal

Representative must be appointed to represent that estate in order to proceed informally. If no Personal Representative is appointed to represent the since deceased’s estate, a formal proceeding must be filed.

Bottom of Form – Petitioner’s Signature

ALL PETITIONERS MUST COMPLETE THIS SECTION

**Important Information – Please Read**

Review the completed form for accuracy prior to filing it with the court. If you do not understand this form, do not sign it! Please consult an attorney for legal advice. Court staff cannot provide legal advice or instruct you as to the identity of a Decedent’s heirs at law.

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Petitioner Signature Section

All Petitioners must complete this section and sign the form on the Petitioner signature line and date it in the appropriate space.

After You Have Finished Once completed, you must file this form with the petition to which it relates in the proper division of the Probate and Family Court. Failure to submit this form with the petition to which it relates will result in a delay in processing your case.

For Additional Information A detailed description of each probate process can be found in the MUPC Estate Administration Procedural Guide: A Guide to Estate Administration Practices & Procedures in the Probate and Family Court, located at: http://www.mass.gov/courts/docs/courts-and-judges/courts/probate-and-family-court/mupc-procedural-guide.pdf.

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Massachusetts Uniform Probate Code (G. L. c. 190B) Intestate Succession

(for dates of death on or after March 31, 2012)

If the Decedent is survived by: The intestate estate passes to:

1. Spouse and Children (or the descendants of any pre-deceased child) and… all surviving children are also children of the surviving spouse and the surviving spouse has no surviving children who are not children of the decedent.

Spouse Only.

2. Spouse and Children (or the descendants of any pre-deceased child) and… not all surviving children of the Decedent are also children of the surviving spouse; OR the surviving spouse also has surviving children who are not children of the Decedent.

Spouse AND decedent’s surviving children (and surviving descendants of any pre-deceased child).

3. Spouse and NO Children Spouse ONLY, if no surviving parents; OR

Spouse AND decedent’s surviving parent(s).

4. Children (or descendants of any pre-deceased child) and NO Spouse

Surviving Children ONLY (and surviving descendants of any pre-deceased child).

5. Parents, and NO Spouse and NO Children Surviving Parent(s) ONLY.

6. Siblings (or descendants of any pre-deceased sibling), and NO Spouse, NO Children, and NO Parents

Surviving Siblings ONLY (and surviving descendants of any pre-deceased sibling).

7. Kin and NO Spouse, NO Children, NO Parents, NO Siblings Surviving closest relative according to degrees of kindred (see § 2-103(4)).

8. No Taker Commonwealth or Soldiers Home (see § 2-105).

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Intestate Succession Pursuant to G. L. c. 190 (for dates of death prior to March 31, 2012)

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instructions for form (mpc 162) - surviving spouse

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